Muslims

In a 5-4 decision in Trump v. Hawaii the Supreme Court ruled in favor of President Trump’s travel ban.

The third travel ban indefinitely prevents immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Hawaii and others sued President Trump claiming the ban was illegal and unconstitutional.

The Court agreed to decide four issues. First, whether the case is justiciable, meaning whether the legal issues are “fit for review.” Second, whether the third travel ban exceeds the President’s authority under the Immigration and Nationality Act (INA). Third, whether the travel ban violates the Establishment Clause because it seeks to exclude Muslims. Fourth, whether the Ninth Circuit nationwide injunction was overbroad.  

On March 16, 2017, President Trump’s second travel ban executive order was scheduled to go into effect. Within hours of each other federal judges from Hawaii and Maryland issued decisions temporarily preventing portions of it from going into effect nationwide. Both decisions conclude that the executive order likely violates the Establishment Clause because it was intended to prevent people from for entering the United States on the basis of religion.

The State of Hawaii (and an American citizen of Egyptian descent with a Syrian mother-in-law lacking a visa) brought the case decided by the court in Hawaii.